Bush Says If He Were President Today, He’d ‘Probably’ Name Scalia Successor

Republican presidential candidate Jeb Bush talks to Rotarians and their guests during a Rotary Club luncheon at Nashua Country Club on February 8, 2016 in Nashua, New Hampshire, USA. Candidates are making their last ... Republican presidential candidate Jeb Bush talks to Rotarians and their guests during a Rotary Club luncheon at Nashua Country Club on February 8, 2016 in Nashua, New Hampshire, USA. Candidates are making their last campaign stops before the first in the Nation primary in New Hampshire on Tuesday. Photo by Dennis van Tine/Sipa USA MORE LESS

Jeb Bush broke with his fellow Republicans Thursday night in saying that if he were the President of the United States with nearly a year left in his term, he would “probably” nominate a new Supreme Court justice to replace Antonin Scalia.

“I would fight,” Bush said. “Whatever powers are afforded to the presidency the president ought to use ’em. They are there for a purpose.”

Bush repeated Thursday that he is “an Article 2 guy,” someone who embraces the powers given to the president in the Constitution and believes the president has a responsibility to fill vacancies on the Supreme Court. He did concede, however, that in this “divisive” political environment, “It is unlikely that the Senate would provide the necessary consent for that nomination.”

The Senate GOP leadership is taking a hardline that no nominee should be considered until a new president takes offie next year.

Bush would not name names when asked who he would pick to fill the vacancy if he were in the White House, but he did identify qualities he was looking for.

“It would be someone who did not aspire to legislate from the bench,” Bush said.

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  1. Bush Says If He Were President Today, It Would Confirm the Existence of the Mirror Universe.

  2. TPM:

    “It would be someone who did not aspire to legislate from the bench,” Bush said.

    Damn, I so wanted to legislate from the bench when I grow up.

  3. Of course you’d name a successor to Scalia ya dolt. Because
    It’s your goddam job .

    Jeb, have you ever read the part of the Constitution where in delineates the powers of the President???
    edit
    Jebby boy for your edification (I sure hope a Bush intern reads this) from Article 2 Section 2 of the Constitution:
    "He shall have Power, by and with the Advice and Consent of the Senate,
    to make Treaties, provided two thirds of the Senators present concur;
    and he shall nominate, and by and with the Advice and Consent of the
    Senate, shall appoint Ambassadors, other public Ministers and Consuls,
    Judges of the Supreme Court, and all other Officers of the United
    States, whose Appointments are not herein otherwise provided for, and
    which shall be established by Law: but the Congress may by Law vest the
    Appointment of such inferior Officers, as they think proper, in the
    President alone, in the Courts of Law, or in the Heads of Departments.
    (bolding is mine)

    If Jeb doesn’t know this then he needs a slap across the chops.

  4. Ahem…
    You’ll notice his Christian Mingle profile says that he considers himself “an Article 2 guy.”

  5. Avatar for mcbain mcbain says:

    Probably? If he were president with a GOP Senate, they probably would have one confirmed by now. If a Dem Senate, he would nominate one and the GOP would howl in unison if the Dems put up the slightest squeak in protest, no matter who the nominee was.

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